Holding Covid-19-safe elections can’t be sole Election Commission priority

The Election Commission will also be required to frame rules that ensure a level playing field and a fair, meaningful contest

There are enough indications, both from the Election Commission (EC) and key political actors, that the Bihar Assembly elections will happen in a few months’ time, as scheduled.

Cognisant of the risks of Covid-19 spread during electioneering and voting, the EC is said to be considering the following:

(a) restrictions on gathering size during campaigns;
(b) a postal voting option for those above sixty-five years in age and those infected with or suspected of Covid-19; and,
(c) protocols for safe polling station environments, via a now familiar package of practices for public spaces including mandatory masks, screened entry, visual and other social distancing measures, and periodic sterilisation.

The number of polling stations is also likely to increase.

All this is broadly in line with what election management bodies in other countries have tried in recent elections and could well be the base template for future Indian elections held under the pandemic’s shadow.

Each of the above proposals makes sense from a public health perspective. However it would be appropriate to reflect on their implications for the quality and fairness of the electoral process and the additional aspects or factors they must prompt the EC to reflect on.

Assessing possible drawbacks

Gathering size restrictions and the higher reliance on media and digital outreach they will prompt could accentuate some of the worrying trends that have emerged lately in India (and elsewhere). Communities will have fewer first-hand opportunities to weigh candidates. Candidates and local issues could end up occupying still lesser space in campaign-time conversations, strengthening centralisation tendencies and further stunting local leaderships.

Temptations and incentives for fake and inflammatory messaging could be higher. Political parties with savvy campaign managers and the levers to influence media coverage and celebrity voices would enjoy an advantage, while less well-resourced parties and/or ones that are out of power will struggle. Worryingly, incumbent governments could misuse existing penal provisions for social distancing violations to derail the opposition campaign.

Postal voting has been around for a while but is a restricted option and could have challenges when tested on scale. Form filling will be difficult for less literate voters, risking high invalidation rates for votes they cast. More fundamentally, first time postal voters may not feel assured about their vote’s anonymity and could find themselves pressured into making choices they wouldn’t at polling booths. A voter would be more comfortable ignoring inducements or intimidations once inside the polling booth, less so when asked to commit to paper which are perceived traceable.

Participation in elections will depend on whether voters consider safety protocols envisaged for polling stations to be robust and expect them to be rigorously implemented. Low confidence in the authorities and their protocols will lead to low turnout, especially in high caseload areas and among vulnerable groups such as the elderly and individuals with co-morbidities. This, in turn, can lead to questions around whether the elections were soundly timed and whether the electoral outcome is adequately representative of the demographic spectrum and popular sentiment.

Plus, in India, where there is no dearth of tactical creativity during elections, one can even imagine mischievous candidates creating polling day panic to dissuade voters from rival strongholds. And offering inducements on their own for loyal voters to show up.

Notably, Bihar’s Opposition parties have already raised some of these issues with the EC. Most have pointed to how virtual campaigns could exclude sections of society with constrained digital connectivity and give incumbent parties undue advantage. A Congress representation has spoken of how the postal ballot option could impact the secrecy of the vote and make voters vulnerable to political and administrative influence, and the collective opposition view is that the option is being introduced without sufficient consultation.

A political party cannot technically be faulted for its potent outreach machinery, personality-driven campaign, or the issues it chooses to highlight. However, if the integrity of the electoral process is to be maintained and the verdict is to enjoy legitimacy, it will be necessary to plug added spaces for inducement, intimidation, fakery, and incitement that seem likely with the pandemic-time rules on the anvil.

Onus on EC to address concerns

The EC then must respond to the prevailing circumstances with not only safety rules but also measures to address the concerns such rules spark. Arrangements for increased vigil against, and swifter action on, complaints of fakery, incitement, and unfair targeting of political workers for distancing violations are a clear area for attention. Systematic communication on safety protocols proposed at polling stations will be necessary to draw voters to the booths.

Perhaps most importantly, the postal voting option needs review. Separate polling spaces for those above 65 – either special polling stations or an exclusive section in each polling station – could be considered. Should this not be feasible for some reason, postal voting rules will have to have strong safeguards protecting the anonymity of individual votes and shielding voters from unwarranted influences.

Is there a case for postponing elections till normalcy returns? Not beyond a point. There is no predicting when things will stabilise, and it will neither be democratically desirable nor constitutionally permissible to postpone elections in wait for that. So, the political class and the electorate must prepare to abide by the new rules of the game. And it is up to the EC to frame rules that ensure a level playing field and a fair, meaningful contest.

(Manish Dubey is a policy analyst and writer)

Disclaimer: The views expressed above are the author’s own. They do not necessarily reflect the views of DH.